KASIM ALI, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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In this post-conviction proceeding arising from a 1983 conviction, the petitioner seeks habeas corpus relief based on claims of ineffective assistance of appellate counsel. The court denies the petition and imposes sanctions against the petitioner for serially filing successive post-conviction motions and habeas petitions that relitigate the same issues.
The court denies the petition for habeas corpus. Successive motions for post-conviction relief and successive filings of habeas corpus petitions or writs of certiorari that are in effect motions for post-conviction relief are procedurally barred. The petitioner is prohibited from filing any additional pro se appeals, motions, or petitions relating to the underlying case unless reviewed and signed by an attorney.
[1] Successive motions for post conviction relief are procedurally barred.
[2] Successive filings of petitions for habeas corpus or writs of certiorari that are, in effect, motions for post conviction relief, are also procedurally barred.
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Join FLexlaw to unlock all legal intelligence“successive motions for post conviction relief are proeedurally barred”
Establishes the fundamental procedural bar to successive post-conviction motions cited in Christopher v. State and Francois v. State
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Join FLexlaw to unlock all legal intelligenceThe petitioner was convicted in 1983. His conviction was affirmed on direct appeal by this court. Since that affirmance, the petitioner has filed thre…
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PER CURIAM.
In this post conviction proceeding relating to a 1983 conviction, defendant seeks a writ of habeas corpus asserting ineffective assistance of appellate counsel. We deny the petition.
Following this court’s affirmance of defendant’s conviction on direct appeal, he has filed in this court three motions for post conviction relief and multiple petitions for writs of habeas corpus in this court, the Florida Supreme Court, and the United States District Court. All of these have been denied.
As the Florida Supreme Court has repeatedly held, successive motions for post conviction relief are proeedurally barred. See Christopher v. State, 489 So. 2d 22 (Fla.1986); Francois v. State, 470 So. 2d 687 (Fla.1985). Furthermore, successive filings of petitions for habeas corpus or writs of certiorari that are, in effect, motions for post conviction relief, are also proeedurally barred. See Dennis v. State, 685 So. 2d 1373 (Fla. 3d DCA 1996). The defendant is abusing the judicial process by filing post conviction pleadings that repeatedly attempt to relitigate the same issues. Accordingly, we prohibit the defendant from continuing to file any additional pro se appeals, including pleadings, motions, and petitions relating to any issue in Lower Tribunal Case No. 83-1587. See O’Brien v. State, 689 So. 2d 336, 337 (Fla. 5th DCA) (holding that defendant who filed multiple post conviction proceedings relating to same case was prohibited from filing any further proceedings concerning that case), review denied, 697 So. 2d 511 (Fla.1997); Dennis, 685 So. 2d at 1375. Any further pleadings relating to Lower Tribunal Case No. 83-1587 must be reviewed and signed by an attorney.
We also caution defendant that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding or appeal in any court is subject to having his or her gain-time forfeited. See Gorge v. State, 712 So. 2d 440, 440 n. 1 (Fla. 3d DCA 1998) (citing section 944.28(2)(a), Florida Statutes (1997) (“All or any part of the gain-time earned by a prisoner according to the provisions of law is subject to forfeiture if such prisoner ... is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal in any court.”)); O’Brien, 689 So. 2d at 337.
Petition for Habeas Corpus denied.
Cases With Similar Vibessemantic neighbors from the corpus
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MacARTHUR v. Moore, 756 So. 2d 232 (Fla. 3d DCA 2000)…en reached.” Barclay v. Singletary, 642 So. 2d 583 (Fla. 3d DCA 1994) (citations omitted). Furthermore, a petition for writ of habeas corpus that is in effect a successive motion for postconviction relief is procedurally barred. See Ali v. State, 729 So. 2d 963 (Fla. 3d DCA 1999); Phillips v. Singletary, 728 So. 2d 785 (Fla. 3d DCA 1999); Morejon v. State, 740 So. 2d 547 (Fla. 3d DCA 1999); see also Robinson v. State, 707 So. 2d 688 (Fla.1998)(holding that defendant who seeks postconviction relief is proce…
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Yancey Charles Lightner v. State, 2009 WL 2196051 (Fla. 3d DCA 2020)…e and that Petitioner is not entitled to relief on the merits of his claim. 2 “[S]uccessive petitions for the same relief are not cognizable and may be summarily denied.” See Francois v. Wainwright, 470 So. 2d 685, 686 (Fla. 1985); Ali v. State, 729 So. 2d 963, 964 (Fla. 3d DCA 1999). Petitioner concedes that the issue raised in this Petition was previously raised in 3D16-2262.…
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Alfonzo D. Ponton v. State, 837 So. 2d 435 (Fla. 3d DCA 2002)…ding pleadings, motions, and petitions relating to any issue in Lower Tribunal cases F81-27294, F81-28089, and F81-25758. Any further pleadings, motions, or petitions in those cases must be reviewed and [*436] filed by an attorney. See Ali v. State, 729 So. 2d 963 (Fla. 3d DCA 1999). We caution defendant that disregard of this prohibition could further result in forfeiture of all or part of his gain time. See Duncan v. State, 728 So. 2d 1237 (Fla. 3d DCA 1999); § 944.28(2)(a), Fla. Stat. (2001). AFFIRMED.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tortoise Island Cmtys., Inc. v. The Moorings Ass'n, Inc., 489 So. 2d 22 (Fla. 1986)
- O'Brien v. State, 689 So. 2d 336 (Fla. 5th DCA 1997)
- Dennis v. State, 685 So. 2d 1373 (Fla. 3d DCA 1996)
- Francois v. State, 470 So. 2d 687 (Fla. 1985)
- Gorge v. State, 712 So. 2d 440 (Fla. 3d DCA 1998)